Make a West Virginia Last Will and Testament

West Virginia State Last Will and Testament Laws

Laws - Chapter 41 (Wills)

Witnesses - According to §41-1-3, the Will must be signed by at least two (2) witnesses who must witness the Testator signing the document. In addition, the Testator must be present when the witnesses sign.

A Sample West Virginia Last Will and Testament with Examples of Each Step

Step 1 - Using the template provided by FormSwift, input your legal name and your gender.

Step 2 - Enter your city and county of residence.

Step 3 - Select your marital status from one of the following:

• Single
• Married
• Separated
• Divorced
• Widowed

If you are married or separated, provide the name of your spouse.

Step 4 -  If you have children, pets, property, or life insurance policies, provide that information during this step.

Step 5 - First, enter the names of your children, if they are living, and whether or not they will be named as beneficiaries in your will. Next, enter  the names of pets. Finally, if you have life insurance policies that you own, enter information about those policies.

Step 6 - Enter the amount of money or percentage of your property you’d like to leave each child.

Step 7 - If you’d like to set up a trust for a person who is mentally ill or for a person with a disability, mention that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - First, enter the age that your children must be in order to start receiving benefits from their trust. Next, enter how much of the trust will be received. Finally, enter the age they will be when the benefits end.

Step 9 - If there is a specific funeral home you’d like your body taken to, provide that information during this step.

Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.

Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you die. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name an Executor. If you don’t name an Executor, the West Virginia probate court will name one for you. It may not be someone that you wanted. Provide the following information to name an Executor:

• Executor’s name
• Relationship to you

Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you die. You may also want to name an alternate Trustee. If your assets are in a trust, provide the following information:

• Name of your Trustee
• Your relationship with them

Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children, you should appoint a guardian and alternate guardian to care for your children if you die. If you don’t, the West Virginia probate court will name someone and it may not align with your desires. To appoint a guardian and an alternate guardian, provide the following information:

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information for each:

• Name of Beneficiary
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:

• Name
• Address (including city, state, zip code)
• Telephone number

Once you’re ready to sign your will, remember that your two witnesses must be present and ready to sign as well. After it is signed, keep the will somewhere that is both safe and easy to access, such as with your attorney or with the executor of your will.

Why do you need a West Virginia last will and testament form?

Creating a legal last will and testament in the State of West Virginia is a crucial step in the estate planning process. When creating a will, you can name an executor who will be responsible for carrying out the instructions you have left behind within the document. Your will can include distribution of all of your assets including real estate, personal property, vehicles, jewelry, and any other personal effects as well as digital assets. Assets can be left to anyone. If you want to ensure that your loved ones are taken care of, it is important that you document your desires in a last will and testament. In addition to your property, you can explain who you want to act as guardian for your minor children, establish a pet trust, and you can make charitable donations.

The benefits of having a will

According to West Virginia law, a valid will is not legally required. There are many advantages to having one.

• It allows you to determine how you want your assets distributed.,
• It allows you to name a guardian for minor children.
• It allows you to make charitable donations.
• It allows you to create a pet trust.
• The most important part of creating a will is naming an executor. An executor will be legally responsible for carrying out the instructions you leave in your will.
• West Virginia offers an expedited probate process for estates worth less than $100,000, wills that contain only one beneficiary, or wills that are not contested.

The costs of not having a will

Without a West Virginia will, intestacy laws become enacted when you die. The probate court would follow the law to determine what happens to your assets as well as to appoint a guardian for your minor children. Their decisions may or may not follow your desires. In West Virginia, if someone dies without a will, their spouse inherits the entire estate unless there are children from a different relationship. In that case, the surviving spouse would inherit three-fifths of the estate with the rest going to their children. If there are children of the deceased’s from another relationship, a surviving spouse and those children would inherit equal shares. If there is no surviving spouse or children, the courts will determine the next closest relative to inherit the estate. If no relative is located, the State inherits the assets.